Case Note: Tindall v Thames Valley Police [2022] EWCA Civ 25

• Published date: 06 May 2022
• Subject Matter: Litigation, Mediation & Arbitration, Transport, Rail, Road & Cycling, Trials & Appeals & Compensation, Personal Injury
• Law Firm: 1 Chancery Lane
• Author: Anirudh Mandagere

The case of Tindall v Chief Constable of Thames Valley Police ought to be read by all personal injury practitioners. The Court of Appeal's judgment summarises the circumstances in which a public authority owes a duty of care to protect individuals. This article deals with the facts of the case, the approaches taken by the Master and Court of Appeal, and finally provides concluding thoughts on the impact of this judgment in future claims against public authorities.

The Facts

On a cold spring morning in 2014, a motorist, 'Mr. K,' was driving along the A413 in Buckinghamshire. He skidded on black ice, and lost control of his vehicle. Despite being injured, he called the emergency services, advising them of the danger posed by the black ice. The call was taken by a police control room operator. During this period, Mr. K sought to alert other road users of the danger.

Thames Valley Police, the ambulance service and the fire service attended the scene. The police officers put up a temporary 'Police Slow' sign by the carriageway. They cleared away the debris and placed Mr Kendall in the care of the ambulance service. Having been informed that Mr. K had been removed to hospital, they left the scene with their sign. No action was taken to remove the black ice, and no warning of it remained.

Twenty minutes later, Mr. B drove on the same stretch of road. Much like Mr. K, he lost control of his vehicle due to the black ice. In doing so, he collided with car driven by Mr. Tindall. Both drivers died in the accident. Mr. Tindall's widow brought a claim in negligence against both the police and the highway authority. In sum, the allegations of breach against the police were that they had made the danger worse for two reasons. First, because of their attendance Mr. K had ceased his efforts to warn vehicles. Second, they had failed to take proper steps to protect motorists using the road. They also averred that the police had assumed responsibility for their actions in the circumstances. The Chief Constable applied to strike out the claim.

The Judgment of Master McCloud

Master McCloud refused to strike out the claim against the Chief Constable. She found that there was a real prospect of success. On the undisputed facts, police officers removed a warning sign after having put it up and took minimal steps to render the road safe. They had also arranged Mr Ks removal from the scene, thereby causing his efforts to warn traffic to cease. These matters could, in principle...